Family Medical Leave Act (FMLA)

Any employee (including part-time and temporary) of the University System of Georgia, who has:

been employed by the University System of Georgia for at least twelve months total (not necessarily the last twelve months), and

worked at least 1,250 hours during the 12-month period immediately preceding the leave

...is eligible to be granted family leave for conditions authorized by the Family and Medical Leave Act. Armstrong State University requires accrued paid leave to be utilized for FMLA leave.

Employees may request Family Leave for the following reasons:

The employee's own serious health condition, including an on-the-job injury or occupational disease covered by Worker's Compensation, which causes the employee to be unable to perform the functions of his or her job.

The care of an immediate family member with a serious health condition

The birth and care of a newborn child

The legal placement of a child with the employee for adoption or foster care

A spouse, son, daughter or parent being on active duty or having been notified of an impending call or order to active duty in the Armed Forces. Leave may be used for any "qualifying exigency" arising out of the service member's current tour of active duty or because the service member is notified of an impending call to duty in support of a contingency operation.

NDAA

Consistent with the provisions of the federal Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Act (NDAA) of 2008, an eligible employee may be entitled to up to twenty-six (26) work weeks of leave during any twelve (12) month period per service member and per injury or illness, for the following reason:

A spouse, son, daughter, parent, or nearest blood relative caring for a recovering service member. A recovering service member is defined as a member of the Armed Forces who suffered an injury or illness while on active-duty that may render the person unable to perform the duties of the member's office, grade, rank or rating. Any family and medical leave, whether paid, unpaid, or a combination thereof, will be counted towards the twelve week leave entitlement.

General Guidelines

The University System of Georgia uses a "rolling" 12-month period (rather than a fixed calendar, fiscal, or academic year) to determine eligibility for, and availability of, leave time under FMLA. The 12-month period during which twelve weeks of family leave may be taken shall begin on the first day such family leave is taken. For example, if family leave begins August 1, 2002, the 12-month period is from August 1, 2002 until July 30, 2003.

An employee generally has a right to return to the same position, or an equivalent position in terms of pay, benefits, and working conditions. Certain "key employees" may be denied job restoration if they are among the highest-paid 10% of employees and if such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer.

Births and Adoptions under FMLA

Intermittent leave or a reduced work schedule may be granted for well-child care after the birth, adoption, or placement of a child at the discretion of the institution.

Spouses employed by the University System of Georgia are jointly entitled to a combined total of twelve work weeks of family leave for the birth and care of a newborn child, for the placement of a child for adoption or foster care, or for the care of a parent who has a serious health condition.

Entitlement to this feature of FMLA leave expires at the end of the 12-month period that began on the date of the birth or placement. Any such FMLA leave must be concluded within this one-year period.